1802875 (Refugee)

This matter concerned an application for a protection visa by an individual who arrived in Australia in June 2017. The applicant, who identified as a Christian of Han ethnicity from China, applied for the visa in August 2017. The primary dispute before the Tribunal was the applicant's credibility and whether, based on their claims, the criteria for a protection visa were met. The Tribunal was presided over by Member David McCulloch.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires the applicant to be a refugee with a well-founded fear of persecution, or under section 36(2)(aa), which concerns complementary protection obligations due to a real risk of significant harm upon removal from Australia. The Tribunal also considered the definition of "significant harm" and the circumstances under which a person would not be considered to face such a risk, as outlined in sections 36(2A) and (2B) of the Act.

The Tribunal's reasoning focused on inconsistencies in the applicant's evidence, particularly regarding their gender. Government records and a photograph indicated the applicant was female, while the applicant's statement suggested they were male and had a male spouse. The Tribunal noted that these inconsistencies could not be explored as the applicant did not attend the hearing. Given the available information, the Tribunal referred to the applicant as female. The Tribunal also considered the DFAT Country Information Report for the People's Republic of China. Ultimately, the Tribunal concluded that the applicant did not satisfy any of the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.